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watergirl
Joined: 01 Jul 2008
Location: Ansan, south korea
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 Posted: Fri Feb 13, 2015 12:30 am Post subject: severance pay??? Isn't it a required payment by Law |
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Hi everyone..
I've recently been shown a contract by a co. that seems legit..pay pension, taxes etc, but does not state in the contract that I'll get severance.
I always thought, that unlike US or Canadian laws, severance is not a perk, but a required benefit for all K employees after working for 1 year.
Any one specifically know about this?
thanks |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Fri Feb 13, 2015 1:13 am Post subject: Re: severance pay??? Isn't it a required payment by Law |
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| watergirl wrote: |
Hi everyone..
I've recently been shown a contract by a co. that seems legit..pay pension, taxes etc, but does not state in the contract that I'll get severance.
I always thought, that unlike US or Canadian laws, severance is not a perk, but a required benefit for all K employees after working for 1 year.
Any one specifically know about this?
thanks |
If you are a full time employee on a contract then you are legally entitled to "severance" (in Korean it's considered a type of pension in addition to the monthly pension deductions that you get back when you get to retirement age) if you complete at least 1 year there. The fact that it's not in the contract could be a sign that the school is going to try to trick you at the end of the contract - if so, it says volumes about what else they might try.
I would ask them about it. You should also be talking to former teachers, so ask them as well about whether they got it and whether it was actually in their contracts. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Sat Feb 14, 2015 6:30 am Post subject: |
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| Is it true for all hagwons even if they claim that all of their workers are freelance? |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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| Posted: Sat Feb 14, 2015 6:21 pm Post subject: Re: severance pay??? Isn't it a required payment by Law |
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| Troglodyte wrote: |
| watergirl wrote: |
Hi everyone..
I've recently been shown a contract by a co. that seems legit..pay pension, taxes etc, but does not state in the contract that I'll get severance.
I always thought, that unlike US or Canadian laws, severance is not a perk, but a required benefit for all K employees after working for 1 year.
Any one specifically know about this?
thanks |
If you are a full time employee on a contract then you are legally entitled to "severance" (in Korean it's considered a type of pension in addition to the monthly pension deductions that you get back when you get to retirement age) if you complete at least 1 year there. The fact that it's not in the contract could be a sign that the school is going to try to trick you at the end of the contract - if so, it says volumes about what else they might try.
I would ask them about it. You should also be talking to former teachers, so ask them as well about whether they got it and whether it was actually in their contracts. |
Actually, there is a bit more to it...when it comes to private pensions anyway.
If your school belongs to a private pension, then the employer doesn't have to pay severance.
The OP didn't specifically mention who the contract was with. - hakwon, highschool, university...etc...
Lots of universities belong to private pensions and don't pay severance. I don't know of any hakwons that belong to a private pension, but just putting this out there. |
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rphofer
Joined: 04 Sep 2012
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Jun 14, 2015 4:48 am Post subject: |
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| nicwr2002 wrote: |
| Is it true for all hagwons even if they claim that all of their workers are freelance? |
CDI lost their final appeal to the Supreme Court. Regardless of their dishonest claims, the court sided with reality. |
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plato's republic
Joined: 07 Dec 2004
Location: Ancient Greece
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| Posted: Thu Dec 10, 2015 4:37 am Post subject: |
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Can anyone confirm or deny if full-time professors teaching at private universities in Korea are entitled to a severance payment upon completion of contract? I've been hearing and reading a lot of contradictory information regarding this point, and I've yet to see a written law that states Korean universities are exempt from paying severance to their employees.
If anyone can point me in the direction of an actual link/Korean government website etc. where it clearly shows that universities are exempt that would be appreciated.
Otherwise, if anyone who has taught at a private university who received a severance payment as well as their pension upon completing their contract would comment on their experience in how they went about getting their severance pay that would also be greatly appreciated.
Thank you in advance. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Dec 11, 2015 2:09 am Post subject: |
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| plato's republic wrote: |
Can anyone confirm or deny if full-time professors teaching at private universities in Korea are entitled to a severance payment upon completion of contract? I've been hearing and reading a lot of contradictory information regarding this point, and I've yet to see a written law that states Korean universities are exempt from paying severance to their employees.
If anyone can point me in the direction of an actual link/Korean government website etc. where it clearly shows that universities are exempt that would be appreciated.
Otherwise, if anyone who has taught at a private university who received a severance payment as well as their pension upon completing their contract would comment on their experience in how they went about getting their severance pay that would also be greatly appreciated.
Thank you in advance. |
The particulars are in the [Labor Standards] Employee Retirement Benefit Security Act:
http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=260&tab=6
This replaced section 34 of the labor standards act a few years ago and YES, there is an exemption for private universities PROVIDED they have you enrolled in a private pension plan that offers comparable benefits.
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plato's republic
Joined: 07 Dec 2004
Location: Ancient Greece
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| Posted: Fri Dec 11, 2015 3:33 am Post subject: |
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Ttompatz,
Thank you for your response. I've looked over the Labor Act but can't really see where it clearly states that there is an exemption. Furthermore, I was under the impression that both severance and pension were mandatory according to Korean law. This opt out for private universities seems nothing more than a scam. Only those who stay in the pension program long-term (more than 5 years) will receive any benefits comparable to severance, while all those leaving before the 5yr minimum term get nothing but their own pension contributions in return. How does this benefit them? Do you know if anyone has tried to challenge this in a court of law? I'm presuming that there's diddly squat that can be done. |
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